The search service

A prior art search can be conducted on several IP rights: from patents, designs to trademarks and domain names. A patent search, specifically a patentability search, is conducted to determine whether an invention is likely to be patentable. This involves assessing the invention against what has previously been disclosed, known as “prior art”. The goal is to identify any obstacles that might prevent the granting of a patent, enabling informed decision-making and avoiding substantial investment in an application that is unlikely to succeed. A freedom-to-operate (FTO) study is conducted to determine whether an invention might infringe on existing patents. A trademark search is an action taken to determine whether a trademark is already registered or in use in commerce. It can be limited to identical trademarks in certain classes or broadened to similar trademarks in several classes anywhere in the world. The trademark availability searches help in assessing the likelihood of successfully registering a trademark and identifying potential conflicts with existing trademarks.

Why and to whom is it useful?

Searches are essential for inventors, developers, engineers, product managers, marketers, legal and IP counsels and can serve different purposes. A patentability search assesses the potential for obtaining a patent, while a freedom-to-operate search assesses the risk of infringing existing patents. A trademark search is often crucial to avoid potential discussions once a brand is launched on the market. As lawsuits could result in monetary compensation to the holder of an earlier right or an injunction may stop promotion and commercialization, it is advisable to include prior art searches as part of an IP strategy or prior to launching products or services on the market.